Process for leaving mayors in the north exhumed

Kosovo's Ministry of Management of Local Power issued Administrative Guide for the removal of mayors in September.

The roadmap was intended to pave the way for local elections in the four Serb majority municipalities in northern Mitrovica, Leposaviq, Zvecan and Zubin Potok ú after local residents oppose Albanian mayors elected in April.

Four initiative groups -- separately, each comprised of three citizens -- surrendered on December 7th to the mayors of the four municipalities in the north for the initiative and organisation of petitions for the removal of mayors.

This is one of the first steps to present itself with Administrative Guide for the removal of the mayor from office, but was refused.

Eugen Cakoli, from the Kosovo Democratic Institute, says the refusal is unnecessary procrastination of the process that would lead four northern municipalities towards new local elections.

This, according to him, also conflicts with pledges that Kosovo institutions have taken in front of Western partners, for reducing tensions in the north through the organisation of new elections.

“This risks presenting Kosovo to the internationals as a destructive side, which has no interest in fully implementing pledges under agreements reached for escalation [of the situation in the north], but also daily pledges given by Prime Minister [Albin Kurti], president [Vjosa Osmani] and others, that they are willing to listen to the will of Serbian citizens living in those northern municipalities”, Cacolli tells Radio Free Europe.

This refusal was responded by United States Ambassador to Kosovo Jeffrey Havenier, who said the US expects the Government of Kosovo to be flexible and to do everything that “can to ensure that residents who want to withdraw their mayor can do so”.

The international community repeatedly urged Kosovo to organise new elections in the north, since Albanian mayors' opposition caused violence in late May, when Serb protesters clashed with NATO mission soldiers, KFOR.

Radio Free Europe addressed the Government of Kosovo with the question of what could cause the issue of petition initiative by citizens in northern municipalities in the country to ease, but until the publication of this article, there was no response.

Why were the demands of the initial petition groups rejected?

Administrative Guide says that the initial petition group, before starting to collect signatures supporting its request, “should announce the municipal chairman and also announce the Central Election Commission”.

Later, the municipal leader announces the mayor, the Ministry of Management of Local Power and the CEC.

“Mayor of the municipal assembly, not later than five days from the announcement's admission, examines the submitted application and registers the initiative group as authorised parties”, according to the Guide.

For the reason for refusing the demand or announcement of the initial petitioning group for the departure of North Mitrovica's chairman, Radio Free Europe asked the head of this municipality's Assembly, Nedzad Uglan.

He said that in the application submitted by three citizens, the issue of the initiative and its reasoning -- which, according to him -- are defined. But, as he said, Administrative Guide stipulates that the group of three or more citizens should first announce the chairman or Central Election Commission for its formation and then become its census.

They didn't do it and they didn't want to. In the meantime, that's how Administrator Guided me, said Uglan.

For the same reason, according to him, no petition initiative requests have been accepted for the departure of mayors in the other three municipalities -- Leposaviq, Zubin Potok and Zvecan. Those “requirements have been the same and, indiscriminately,”, Uglan said.

He added that the remarks have communicated to the three citizens who have submitted the petition initiative and said he is willing to accept the initiative group's request again, but fulfilled according to Administrative Guidance.

“They can repeat the request. I wouldn't have expected a 5-day deadline, but I would have turned it in overnight. The CEC's] announcement of the formation of the group and its demand to register. This is a very short process, but they don't want to do this”, Uglan said.

Sanja Kurtinic, who was part of the group of three North Mitrovica citizens who submitted the request to Uglani, said he was aware of the content of the demand.

When we met with him, we talked for a while about what that request should look like, what it should contain, and based on its instructions, that demand was met and, as such, delivered to the municipality”, Kurtinick told Radio Free Europe.

According to her, Uglamini's reasoning regarding the rejection of the initiative group's demand is unfounded.

Whatever they gave as reason for rejection, that we didn't officially report it, doesn't drink water at the bottom, because they were notified about it... On the other hand, he claims the request is not complete, but he also mentions that we have talked together and that we have met the “requirement, Kurtinic said.

She added that it is not certain whether there will be future steps on the part of the initiative group, because the authorities' actions, according to her, are extremely discouraging.

Radio Free Europe also contacted the leader of the Zvecan Municipal Assembly, Selvette Kelmendi, to receive answers regarding the reasons for the rejection of the initiative group's demand for the removal of this municipality's chairman, but she answered briefly, failing to explain:

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Chocolate: Municipal assembly leaders violated Administrative Guide

The Administrator Guide for the municipality's removal from office has been rejected by the Kosovo Democratic Institute since September, when it was approved, Calolli says.

According to him, this directive conflicts with the “Law on Local Self-government, with the principle of direct democracy and the involvement of all citizens”.

The law, according to him, does not specify any legal deadlines for the development of a petition procedure for the removal of the mayor.

“... above all, does not require that there be an initiative group. So it may be a form of petition, which, in the end, when it is delivered by 20 percent of the signatures, may have a person to contact, who does not have any additional legal responsibility”, Calcol says.

But since Administrative Guidance has not been contested by parties interested in regular courts, in terms of its compliance with the Law on Local Self-government, it has remained in force, he adds.

According to Calcol, Administrative Guide has been violated by leaders of the four municipalities in northern Kosovo.

“Out of definition of the Administrative Guide itself, [the mayors of the municipal congregations] have been released in recognition of the authenticity of its demand or refusal. The Administrative Guide gives no responsibility to the mayor of the municipality's assembly or even to the Ministry of Management of Local Power to reject it as such. They can only do the actual control, if the initiative group is voters in the respective municipalities, in order to ensure a kind of principle that they are citizens of that municipality that are demanding the removal of Chairman”, Calcol says.

Paradox or sign of unlocking the process?

Despite the refusal of the initial petition groups' demands for the departure of the mayors of four municipalities in northern Kosovo on the part of municipal assembly leaders, at least three of them, on Wednesday, December 13th, addressed the Central Election Commission on issues linking with the petition.

CEC spokesman Valmir Elezi said leaders of the North Mitrovica municipal municipalities, Leposaviqi and Zubin Potok, “have asked the CEC to provide official information to members of the initiative group [of each separate municipality], whether they are voters of the respective municipalities (4)x1>.

The same “have requested to provide information concerning the up-to-date number of registered voters in these municipalities, on which the minimum necessary number of signatures of 20 percent” is estimated, Elesi told Radio Free Europe.

He added that the requirements are being addressed and that, within the five-day deadline, the CEC will return the answers.

Elez stressed that the CEC has not received such requests from Zvecan's Municipal Assembly leader, but the moment such demand is submitted, it will be treated the same as the other three, he said.

The head of the Zvecan Municipal Assembly, Selvette Kelmendi, told Radio Free Europe that, two days ago, such demand was submitted to the Local Power Management Ministry, while the Central Election Commission was submitted Wednesday.

Radio Free Europe called on the Central Election Commission to comment on the issue of rejecting the requirements of the initial petition groups, but from this institution said they do not comment on the actions of persons or other officials, who do not belong to him.